Kerala High Court Weekly Round-Up: May 01 To May 07

Nominal Index [Citation: 2023 LiveLaw (Ker) 209-213]M/S De-Fab V Priya Varma 2023 LiveLaw (Ker) 209P.T. Sheejish v. Union of India & Ors. 2023 LiveLaw (Ker) 210State of Kerala v. Sanith Jan and State of Kerala v. Arun 2023 LiveLaw (Ker) 211St. Mary's Orthodox Church & Anr. v. State of Kerala & Ors. and other connected matters 2023 LiveLaw (Ker) 212Kerala Public Service Commission...

State Disability Commissioner Cannot Adjudicate Upon Service Matters Or Direct Appointment To Civil Services: Kerala High Court

The Kerala High Court on Friday held that the State Commissioner for Persons with Disabilities cannot make an adjudication on a service matter or direct appointment of a person to civil services of the Central Government or the State Government.Justice N. Nagaresh perused Sections 80-83 of the Rights of Persons with Disabilities Act, 2016, and observed that, "A reading of Sections 80 to 83...

The Kerala Story : Kerala High Court Allows Petitioners To Pursue Their Complaints Before CBFC Against Film

While refusing to stay the exhibition of "The Kerala Story" movie, the Kerala High Court on Friday granted liberty to two of the petitioners to pursue the complaint filed before the Central Board of Film Certification (CBFC) against the controversial film.The Division Bench of Justice N. Nagaresh and Justice Sophy Thomas, taking note that one of the petitioners represented by Advocate...

Kerala High Court Refuses To Stay "The Kerala Story" Exhibition; Producer Agrees To Remove Teaser Claiming Conversion Of 32,000 Women

The Kerala High Court on Friday refused to stay the release of the controversial film 'The Kerala Story', which hit theatres today.However the Division Bench comprising Justice N. Nagaresh and Justice Sophy Thomas, recorded the submission of the producer that the teaser of the movie, which claimed that over 32,000 women from Kerala were recruited to ISIS, will be removed from their social...

Church Feud: Kerala High Court Grants Police Protection To Orthodox Vicars Against Jacobite Faction, For Performing Rites In Six Churches

The Kerala High Court has ordered adequate protection for vicars and parishioners of the Orthodox faction in a batch of petitions filed by them over hindrance caused by the Jacobite faction and their agents in the various kurisupallies under the respective Churches in performing the religious rites. The Court was considering petitions filed by the Vicar and Parishioners of different...

Arikomban's Translocation Not Answer To Man-Animal Conflicts, Need Long Term Measures To Overcome Problems Created By Human Race: Kerala High Court

The Kerala High Court on Wednesday cited lack of proper waste management as reason for increasing incidents of animals encroaching into human settlements. The Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Gopinath P. while considering the case pertaining to rogue elephant 'Arikomban' observed, "Waste is piling up and this is attracting the animals. And you say that animals...

'Bond' Not Sufficient Security For Releasing Accident Vehicle Not Having Third Party Insurance: Kerala High Court Explains Motor Vehicle Rules

The Kerala High Court recently elaborated upon the nature of security contemplated under Rule 391A of the Kerala Motor Vehicle Rules, 1989 (hereinafter 'Rules, 1989') for the purposes of releasing a vehicle involved in an accident if it was not covered by a valid policy of insurance against third party risks at the time of the accident. Justice Bechu Kurian Thomas held that, "the word...

Breaking | Plea In Kerala High Court Against Release Of "The Kerala Story"; HC Enquires About Hearing Before Supreme Court

The Kerala High Court Tuesday sought the response of the Centre and the Producers of the film 'Kerala Story' in a writ petition filed seeking a stay on its release. A division bench comprising of Justice N. Nagaresh and Justice Mohammed Nias C.P has posted the matter for further consideration on 5th May. The court noted the submission of the petitioner that the teaser had not gotten...

Railway Stops Not To Be Provided On Personal Demands Or Vested Interests For High Speed Express Trains Like 'Vande Bharat': Kerala High Court

The Kerala High Court on Friday dismissed a plea by a lawyer seeking a direction to be issued to the Southern Railways for permitting a stop for the 'Vande Bharat Train Service' at Tirur Railway Station at Malappuram District. It was alleged by the petitioner that despite Malappuram being a densely populated area, with a large number of people depending on train services for travel, a stop...

Kerala High Court Monthly Digest - April 2023 [Citations 167-208]

Nominal Index Citations [2023 LiveLaw (Ker) 167-208]Niyas V The District Collector Palakkad, 2023 LiveLaw (Ker) 167Sukumaran v. R.C. Ibrahim & Ors., 2023 LiveLaw (Ker) 168Suni @ Sunil V State of Kerala, 2023 LiveLaw (Ker) 169Priyesh B Kartha V. The Deputy Superintendent Of Police, 2023 LiveLaw (Ker) 170Dr. P K Asokan V State of Kerala, 2023 LiveLaw (Ker) 171Asif Azad v. Union of India...

Section 220 CrPC | Trial Court Has Discretion To Decide Whether Or Not To Order Joint Trial: Kerala High Court

The Kerala High Court recently held that it is not obligatory for the court to conduct a joint trial under Section 220 of the CrPC as it is the discretion of the court to allow a joint trial or not. A single bench of Justice V G Arun was considering a matter pertaining to certain disputes that arose between partners of a firm. The Court had referred the parties to mediation and the matter...

Kerala High Court Weekly Round-Up: April 24 To April 30, 2023

Nominal Index [Citation: 2023 LiveLaw (Ker) 201-208]XXX V State of Kerala, 2023 LiveLaw (Ker) 201Dr. Shyly S. Raju v. State of Kerala & Ors.,2023 LiveLaw (Ker) 202M/S. Nileshwar Rangekallu Chethu Vyavasaya Thozhilali Sahakarana Sangham Versus The Commissioner Of Income Tax, 2023 LiveLaw (Ker) 203Dhisha v. State of Kerala & Ors., 2023 LiveLaw (Ker) 204 Nishad H. v. State of Kerala...